WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated for the Indebtedness, Grantor irrevocably waives, disclaims and relinquishes all claims against such other person which Grantor has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration.
WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated for the Indebtedness, Borrower irrevocably waives, disclaims and relinquishes all claims against such other person which Borrower has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration.
WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated for the Indebtedness, Borrower irrevocably waives, disclaims and relinquishes all claims against such other person which borrower has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED DECEMBER 22, 1999. GRANTOR: MICRO GENERAL CORPORATION X /s/ [Signature Illegible] X /s/ [Signature Illegible] ------------------------------------ ------------------------------------ Authorized Officer Authorized Officer ================================================================================ 23 CORPORATE RESOLUTION TO GUARANTEE ------------------------------------------------------------------------------------------------------------ PRINCIPAL LOAN DATE MATURITY LOAN NO CALL COLLATERAL ACCOUNT OFFICER INITIALS $5,000,000.00 12-22-1999 12-20-2000 155 ------------------------------------------------------------------------------------------------------------ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. ------------------------------------------------------------------------------------------------------------ BORROWER: MICRO GENERAL CORPORATION LENDER: IMPERIAL BANK 2510 X. XXX XXXX XXXXXX, XXXXX 000 FINANCIAL SERVICES GROUP SANTX XXX, XX 00000 9777 XXXXXXXX XXXX., 0XX XXXXX XXXXXXX XXXXX, XX 00000-0000 XXARANTOR: FIDELITY NATIONAL FINANCIAL, INC. 17910 XXX XXXXXX XXXXXX, SUITE 300 IRVINE, CA 92614 ================================================================================ I, THE UNDERSIGNED SECRETARY OR ASSISTANT SECRETARY OF FIDELITY NATIONAL FINANCIAL, INC. (THE "CORPORATION"), HEREBY CERTIFY THAT the Corporation is organized and existing under and by virtue of the laws of the State of Delaware with its principal office at 17910 XXX XXXXXX XXXXXX, SUITE 300, IRVINE, CA 92614. I FURTHER CERTIFY that at a meeting of the Directors of the Corporation, duly called and held on ____________, at which a quorum was present and voting, or by other duly authorized corporate action in lieu of a meeting, the following resolutions were adopted: BE IT RESOLVED, that ANY ONE (1) of the following named officers, employees, or agents of this Corporation, whose actual signa...
WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated for the Indebtedness, (13) irrevocably waives, disclaims and relinquishes all claims against such other person which (13) has or would otherwise have by virtue of payment of the indebtedness of any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT, AND GRANTOR AGREES TO ITS TERMS. THIS AGREEMENT IS DATED DECEMBER 2, 1998. GRANTOR: ECO SOIL SYSTEMS, INC., A NEBRASKA CORPORATION BY: -------------------------------------------- AUTHORIZED OFFICER
WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated for the indebtedness, I irrevocably waive, disclaim and relinquish all claims against such other person which I have or would otherwise have by virtue of payment of the indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration. Time is of the Essence. Time is of the essence in the performance of this Agreement.
WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated for the Indebtedness, Grantor irrevocably waives, disclaims and relinquishes all claims against such other person which Grantor has or would otherwise have by virtue of payment of the Indebtedness or any part thereof specifically including but not limited to all rights of indemnity, contribution or exoneration. Jury Trial Waiver. Grantor waives any right to trial by jury with respect to any action or proceeding brought by Borrower, Lender, or any other Person relating to the Loan, the Loan Documents, this Agreement or any understandings or prior dealings between the parties. GRANTOR AGREES THAT THIS AGREEMENT CONSTITUTES A WRITTEN CONSENT TO WAIVER OF TRIAL BY JURY PURSUANT TO THE PROVISIONS OF CODE OF CIVIL PROCEDURE § 631 AND GRANTOR DOES CONSTITUTE AND APPOINT LENDER ITS TRUE AND LAWFUL ATTORNEY-IN-FACT (THE APPOINTMENT BEING COUPLED WITH AN INTEREST) AND GRANTOR DOES AUTHORIZE AND EMPOWER ASSIGNEE, IN THE NAME, PLACE, AND STEAD OF GRANTOR, TO FILE THIS LOAN AGREEMENT WITH THE CLERK OR JUDGE OF ANY COURT OF COMPETENT JURISDICTION AS A STATUTORY WRITTEN CONSENT TO WAIVER OF TRIAL BY JURY. Initials: [Insert initials of parties]. Deposit Account Pledge Agreement (SPI) Lone No. 68890396 Judicial Reference Provision: In the event the Jury Trial Waiver set forth above is not enforceable, the parties elect to proceed under this Judicial Reference Provision.
WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated for the indebtedness, Borrower irrevocably waives, disclaims and relinquishes all claims against such other person which Borrower has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration. SMALL BUSINESS ADMINISTRATOR REGULATIONS. "The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulation:
WAIVER OF CO-OBLIGOR'S RIGHTS. It more than one person is obligated for the Indebtedness, Grantor irrevocably waives, disclaims and relinquishes all claims against such other person which Grantor has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration. COMMERCIAL SECURITY AGREEMENT (Continued)
WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated under this Agreement, each such person irrevocably waives, disclaims, and relinquishes all claims against any other person which such person has or would otherwise have by virtue of payment of the Obligations or any part, including, without limitation, all rights of indemnity, contribution, or exoneration.
WAIVER OF CO-OBLIGOR'S RIGHTS. If more than one person is obligated for the Indebtedness, Grantor irrevocably waives, disclaims and relinquishes all claims against such other person which Grantor has or would otherwise have by virtue of payment of the Indebtedness or any part thereof, specifically including but not limited to all rights of indemnity, contribution or exoneration. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
